Please note that by continuing with the signup process you are acknowledging that you have read, understand and agree to abide by these Terms and Conditions.
PROFITS4US GROUP TERMS & CONDITIONS, POLICIES & PROCEDURES
The Terms and Conditions set forth herein are deemed a material part of and shall be in addition to those agreements made by the Member / Customer / Independent Associate / Agent upon purchasing the Profits4Us Business Opportunity, incorporating the Bitcoin Education Service and registering for free Membership of the Profits4Us Bitcoin Accumulation Program (BAP) Income Plan for commission purposes.
Profits4Us sells the Profits4Us Business Opportunity and offers new customers (members) the Bitcoin Education Service (BES) and free entry into our Bitcoin Accumulation Program (BAP) Income Plan. The Education Service gives them an opportunity to learn how to create Bitcoin accounts and transact with them, and the BAP program teaches them how to generate sizeable incomes in Bitcoins by selling our products and services to other people.
Registered, Active Members get a Referral Link with which to earn commissions when people they refer to Profits4Us buy our products and services.
Members and their team members sell the Business Opportunity and the Education Service to new customers / members, and they earn commissions.
If a purchase has a once-off payment, those commissions are once-off, per sale. If a customer is billed monthly for a product or service, commissions on those sales are paid monthly.
The Program provides Members with a performance-based residual income when they learn to become internet entrepreneurs and sell the Business Opportunity to new members. The Program is a stand-alone product and is not linked to any medical aid or financial institution.
When purchasing the Business Opportunity, Profits4Us Members currently pay a total, once-off registration fee of 0.08 Bitcoins (BTC) or ZAR 3,000 or USD 230 until 01 September, 2017, at which point the fee will be revised according to the price of Bitcoins at that time. Commission is paid according to a Member’s status level, as seen on the profits4us.info web site Home page.
All payments are made to Profits4Us in Bitcoins, US Dollars or Rands. Profits4Us then pays commissions to the upline members immediately. There is no waiting until the end of the month.
Members without a Payza account should first open a free account by clicking this link:
Their commissions will be paid into this account in USD or BTC or into their local South African bank account in ZAR.
- Profits4Us is described as an online retailer of virtual and physical products and services, with a free, UniLevel Income Plan. Its facilities are open to all registered individuals 18 years and older, as well as to entities such as businesses, schools, clubs, religious groups and charities. Products in OurStore are available for purchase to Profits4Us Members and Non-Members (Customers) alike.
Profits4Us provides registered Members with:
a.) Their own fully functional Online Business with which to generate incomes;
b) A unique Referral Link from which to sell the Business Opportunity and earn commissions;
c) A Member’s Login Area where they can update their profiles, get training, view their networks and incomes, and communicate with their upline and downline Members;
d.) The ability to earn a substantial income in Bitcoins;
e.) Access to a growing selection of products, services, activities, facilities, features and benefits;
f.) Access to our blog sites for updates on world currencies, Bitcoins and other cryptocurrencies.
Members understand that their decision to join Profits4Us International is purely voluntary and that they should actively grow their Member database through word-of-mouth or media advertising and face-to-face presentations.
2. Members must be of legal age before joining Profits4Us, failing which, a parent or legal guardian may assume responsibility for a minor. The Member is solely responsible for all of its activities and shall be solely responsible for the declaration and payment of all local taxes as may accrue because of the Member’s activities in connection with this Agreement.
3. The Profits4Us services may be used for lawful purposes only. The transmission or storage of any material in violation of any local, international, federal or state law or regulation is expressly prohibited.
4. Members are Independent Contractors, Associates or Agents of Profits4Us. Nothing in this agreement shall be construed as creating franchisees, joint ventures, partners or associations between the Parties or making the Member an employee of Profits4Us. Members are prohibited from stating or implying, whether orally or in writing, otherwise. In all of its operations hereunder, the Member shall be deemed an independent associate / member / contractor / agent, shall conduct its business at its own cost and expense and shall have no authority to make any representation or warranty on behalf of Profits4Us. Members have no authority to bind Profits4Us to any obligation and at no time shall the Member represent that the Member represents or is authorized to obligate or act on behalf of Profits4Us, unless expressly authorized by this Agreement or with the prior written consent of Profits4Us.
Profits4Us is not responsible for liability, health disability and workmen’s compensation insurance. Members set their own work hours and determine how to conduct their Profits4Us activities, subject to the Profits4Us Agreement and Policies and Procedures.
- As Independent Contractors / Associates / Agents, Members will not be treated as franchisees, owners or employees of Profits4Us for income tax purposes including, with respect to the South African and International Revenue Services, unemployment act, or any other local statute, ordinance, rule or regulation.
6. Members will not make false or misleading statements about Profits4Us’ benefits or Member Positions, and the Member understands that false or misleading statements to enlist a Member into their group will result in the immediate termination of that Member’s membership.
7. An Introducer must maintain an on-going professional leadership association with any Members they invite to join Profits4Us. The Member should take responsibility for supervising and supporting all Members in his or her organization by maintaining communication and support to those Members in their Member genealogy by way of any of the following, or combination thereof: Personal contact, telephone communication, written communication, email, Skype or other online communication and attendance at Members’ meetings.
8. Profits4Us’ name, trademark, service marks, and copyrighted materials are owned by Profits4Us. Only the promotional and advertising materials produced by Profits4Us or approved in advance in writing by Profits4Us may be used to advertise or promote the Business Opportunity and membership of the Profits4Us BES and BAP Program. Profits4Us’ literature and materials may not be duplicated or reprinted without the prior written permission of Profits4Us. All advertising and promotions conducted by the Member must be approved prior to use by an authorized representative of Profits4Us. Said approval must be in writing or transmitted via email or sms to the Member. The Member hereby acknowledges and agrees the Member shall not acquire, nor may it assert any right to title or interest in the trademarks, logo’s, trade names or other proprietary rights of Profits4Us arising under South African law and International conventions, by virtue of the execution or performance of this agreement. The Member shall have no right to make modifications or changes to, or adaptations of the trademarks, logo’s, trade names or other proprietary rights of Profits4Us; the Member shall not attempt to register any of Profits4Us’ trademarks, logo’s, trade names, domain names or other proprietary rights without Profits4Us’ written permission.
- The term of this Agreement is for the lifetime of Profits4Us and all its Divisions, jointly and severally, unless earlier terminated. The Member shall be entitled to cancel its membership with Profits4Us at any time, for any reason upon one calendar month’s prior written notice by certified mail, fax or email to Profits4Us. Profits4Us shall be entitled to cancel the Member’s membership, for any violation of this Agreement, without prior notice to the Member, and without refund. The cancellation or termination of the Member’s membership, for any reason whatsoever shall automatically revoke and terminate the Member’s licenses granted in this Agreement.
- No endorsements by a Profits4Us officer or administrator or third party may be asserted, except as expressly communicated in Profits4Us literature and communications. No attorney general or other regulatory authority ever endorses or approves any product, compensation program or company. Therefore, Members may not represent or imply, directly or indirectly, that Profits4Us’ programs, products or services have been approved or endorsed by any governmental agency.
11. The Member lists and names are owned by Profits4Us and may not be used for any commercial purpose without prior written consent of Profits4Us.
12. The Member’s violation or breach of any of the terms set forth in this Agreement shall entitle Profits4Us to terminate all services to the Member immediately and without prior notice thereof, and without obligation of the refund of any monies or fees paid to Profits4Us.Furthermore, in the event the Member’s unauthorized advertising or promotion activities cause any disruption of Profits4Us operations, the Member shall be liable for all damages of any kind suffered by Profits4Us, directly or indirectly, as a result of said disruption. The foregoing causes of action and remedies shall be in addition to such remedies as Profits4Us shall be entitled to pursue under this Agreement or applicable local, federal or state laws.
13. Profits4Us does not warrant that the services provided hereunder will be error free or uninterrupted. The services are provided on an “as is” basis without warranties of any kind, either expressed or implied. Profits4Us shall not be responsible for any losses, damages or costs that the Member and the Member’s business may suffer when using or arising out of the services provided hereunder by Profits4Us. The Member agrees to indemnify and hold harmless Profits4Us, its officers and its employees from any claims resulting from the Member’s use of the services. The Member expressly agrees that the use of the services is at the Member’s sole risk. Neither Profits4Us nor its service providers or agents shall have any liability for any damages suffered by the Member or any other party, including incidental or consequential damages, arising from breach of warranty or breach of contract, negligence or any other legal ground of action.
- Profits4Us will not in any circumstance be responsible for problems, losses, or damages arising from: loss of communications connectivity, errors in content due to application problems, loss of access by Members, or temporary or permanent loss of data.
15. This agreement shall be deemed “in effect” upon its receipt and acceptance by the Member and acceptance of the Member by Profits4Us.
- Members will maintain high standards of honesty, integrity and business ethics when dealing with prospective Members, Profits4Us or other Profits4Us Members.
17. An applicant becomes a Member of Profits4Us when the applicant’s completed Registration Form and registration fees have been received and accepted by Profits4Us and/or its receiving Members.
Profits4Us reserves the right to decline any Application for any reason.Members use their best efforts to promote the products and benefits of Profits4Us membership to prospective Members pursuant to the Agreement contained within these Policies and Procedures.
18. Upon purchase of the Business Opportunity for the once-off cost of 0.08 BTC, US$ 230 or ZAR 3,000 registration with the BAP program must occur and the registration fee must be paid within 2 hours of registration to the Profits4Us admin’s Capitec Bank account, Payza account, Blockchain wallet or Xapo wallet. Once payment has been received, Profits4Us will provide the content of the Bitcoin Education Service to the new Member and will then pay the seller and its 2 upline members their commissions. Payment of this registration fee by Members entitles them to access the training, retail benefits, systems and programs established by Profits4Us for the use thereof.
- When an existing Member sells a Business Opportunity to a new Member, the introducing Member earns a once-off commission as set out on the web site and in Profits4Us’ marketing literature.
20. Members are authorized to invite new Members to buy the Business Opportunity, join Profits4Us and participate in theBAP Program’s Income Plan.Members must ensure that each potential Member has reviewed and has had access to the current Terms and Conditions Agreement and BAP Program information prior to or when giving the individual their Referral Link with its online Registration Form.
- Members are encouraged to invite business owners and managers of their acquaintance to join Profits4Us so they can earn a supplementary income in Bitcoins.
a.) Members and business owners may sign up their family members, business associates, staff and customers as Members of Profits4Us.
b.) Members and business owners may also sign up their business entities, customers, suppliers, churches, schools, charity groups, clubs or any other entity as Members.
c.) A Profits4Us Member who introduces a person or entity to Profits4Us as a Member will be credited as being that person or entity’s introducer for purposes of earning commissions.
- Joining Members must pay the registration fee within 2 hours of signing up with Profits4Us, into admin’s Capitec Bank account, Payza account, Blockchain wallet or Xapo wallet in ZAR, USD or BTC.
Failure to do so will result in the Member being removed from the Program and having to re-apply. Once the Member has personally sold 7 or more Business Opportunities, the Member’s cost will have been recovered. When the Member has personally sold 10 Business Opportunities they will be promoted to the next status level and earn a higher commission percentage. There are 2 promotions possible in the Income Plan. Upon achieving the top position, the Member may then stop selling, or continue to do so in order to earn more commissions, faster. If everyone in their downline sells a total of 30 Business Opportunities each to achieve the top position and maintain it permanently, their overall income will be substantial. There is no time limit to achieve these sales.
- Any legal entity may become a Member of Profits4Us, including registered charities, schools, churches, NGO’s, corporations, partnerships, limited liability companies or other forms of business organizations or trusts.They will be entered into the BAP Program and they will be given a unique Referral Link. The person in the organisation authorised to do so may choose the entity’s own unique Password.
Profits4Us will hold the authorised person personally liable and bound by this Agreement. Any individuals in the organisation such as shareholders, directors, officers, partners, Members, staff, beneficiaries and trustees may become Members in their individual capacities, each of whom agrees to be bound by this Agreement.
24. A person or entity may not apply as a Member using a fictitious or assumed name. Anyone providing incorrect or misleading personal or contact details will be immediately removed from the database.
25. The Member will be identified with a unique Identification Number or User Name for purposes of Profits4Us ‘ business. The Member Identification Number or User Name must be placed on all orders and correspondence with Profits4Us.
26. Members must comply with all applicable local statutes, regulations and ordinances concerning the activities of their membership. Members are responsible for their own managerial decisions and expenditures including all estimated income and self-employment taxes.
27. No franchise is granted and there are no exclusive territories for sales purposes. No geographical limitations exist on inviting new Members in the global community; provided, however, that Profits4Us reserves the right not to contract with Members in specified areas within the global community.
28. Each individual or legal entity may only have one membership in the BAP Program in their own or in their entity’s name as described in all Profits4Us’ promotional literature and on the Profits4Us web site. Applications received by Profits4Us will be accepted, subject to the applicant signing its understanding and acceptance of the Terms & Conditions and Policies & Procedures of this Contract.
- The Member must truthfully and fairly describe the BAP Program to prospective Members. No past, potential or actual income as indications of their success will be assured to others. Proof of Income, Cash Rewards and/or Benefits payments may not be used as marketing materials. Members may not guarantee Income, Rewards or Benefits or estimate expenses to prospects.
30. Change of original positioning in the Member Program matrix is prohibited unless carried out by Profits4Us after the full agreement of all directly affected parties.
31. Except as expressly set forth herein, the Member may not sell, assign or otherwise transfer his or her membership entity (or rights thereof) to another Member or to an individual which has an interest in a Member entity except upon prior written approval of Profits4Us to correct ethical violations as determined at the sole discretion of Profits4Us.
32. If it is determined, at Profits4Us’ sole discretion, that a Member entity was transferred in an effort to circumvent compliance with the Agreement, the Policies and Procedures or the BAP Program, the transfer will be declared null and void. The Member entity will revert back to the transferring Member, who will be treated as if the transfer had never occurred from the reversion day forward. If necessary and at Profits4Us’ sole discretion, appropriate action, including, without limitation, termination, may be taken against the transferring Member to ensure compliance with the Policies and Procedures.
33. Any Member who attempts to transfer his or her position must wait for six (6) months after the effective date of such transfer before becoming eligible to re-apply to become a Member. They must start from scratch, under their same or a different introducer, as their original downline and all commissions and privileges will have been revoked.
34. During the term of this Agreement and for ninety (90) days thereafter, a Member may not sponsor, nor attempt to sponsor, another Profits4Us Member into any other network marketing company, with the exception of personally invited Members,nor may a Member participate in any action that causes another Member to be sponsored through someone else into another network marketing company (cross-recruiting), unless said company forms part of the Profits4Us BAP Program and the sponsorship is done via Profits4Us.
35. A Member may voluntarily terminate his or her membership with immediate effect by sending an email of such resignation or termination to Profits4Us at email@example.com.Voluntary resignation is effective upon receipt of such notice by Profits4Us. A Member who resigns or terminates their membership may re-apply as a Member 6 (six) months or longer after resignation, which may or may not be accepted at Profits4Us’ sole discretion. Upon voluntary termination by a Member, no refund will be made, due to the nature of the product and the fact that the Intellectual Property contained in the Education Service, for which the Member has paid, will already have been rendered.
- A Member may be immediately terminated for violating the terms of his or her Agreement,which includes these Policies and Procedures, the BAP Program and other documents produced by Profits4Us, without written notice. Profits4Us may terminate a violating Member without placing the Member on suspension, at Profits4Us’ sole discretion. When the decision is made to terminate a Member, Profits4Us may, but is not obligated to, inform the Member in writing at the address in the Member’s file that the termination has occurred, or at their given email address.
- If a Member wishes to appeal the termination, Profits4Us must receive the appeal in writing fifteen (15) days from the date of notice of termination. If no appeal is received within the fifteen (15) day period, the termination will automatically be deemed final. If a Member files a timely notice of appeal, Profits4Us will review the appeal and notify the Member of its decision within ten (10) days after receipt of the appeal. The decision of Profits4Us will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.
38. Immediately upon termination, the terminated Member:
a.) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, service or program of Profits4Us.
b.) Must cease representing themselves as a Member of Profits4Us.
c.) Loses all right to his or her membership and position in the BAP Program and to all future Rewards and Benefits.
d.) Must take all action reasonably required by Profits4Us relating to protection of Profits4Us’ confidential information.
- Profits4Us has the right to offset any amounts owed by a Member to Profits4Us including, without limitation, any indemnity obligation incurred pursuant to the Member’s violation of any of the Policies and Procedures included herein, or from Profits4Us’ BAP Program.
40. The acceptance of any reapplication of a terminated Member or the application of any family Member of a terminated Member shall be at the sole discretion of Profits4Us and can be denied.
41. Where local laws on termination of a terminated Member are inconsistent with this policy, the applicable law shall apply.
42. The Member understands that their membership can be inherited or bequeathed, but cannot be transferred or assigned during the Member’s lifetime without the consent of Profits4Us, of which consent will not be unreasonably withheld.
43. Notwithstanding any other provision herein, upon the death of a Member, the Member’s position will pass to his or her successors in interest as provided by law. However, Profits4Us will not recognize such a transfer until the successor in interest has applied for membership in their own name, indicated their acceptance of this Agreement and submitted certified copies of the deceased Member’s death certificate, will, trust or other instrument required by Profits4Us. The successor will only thereafter be entitled to all the rights and be subject to all the obligations of a Profits4Us Member.
44. Members are not permitted to “create” their own stationary, business cards or letterhead graphics if Profits4Us’ graphics version and wording are permitted; letterheads and business cards must be ordered from Profits4Us directly.
45. Members may not advertise or promote Profits4Us membership or use Profits4Us’ name in any electronic media or transmission, including on the Internet via web sites, email addresses or otherwise, without the prior written approval of Profits4Us’ legal department.
46. Members are not permitted to use Profits4Us’ trade name in their email addresses or when advertising their telephone and telefax numbers in the white or yellow page sections of the telephone book.Members are not permitted to list their numbers under Profits4Us’ trade name without first obtaining Profits4Us’ prior written approval. If approval is granted for a Freecall or Sharecall listing, it must be stated in the following manner: “Independent Associate/Member/Contractor/Agent of Profits4Us.”
47. Member may not answer the telephone by saying “Profits4Us,” or in any other manner that would lead the caller to believe that he or she has reached the office of Profits4Us.
48. Members are not permitted to use Profits4Us’ trade name or any of its trademarks or service marks as identification of their business or personal savings, checking or transmission bank accounts.
49. Members are prohibited from granting radio, television, newspaper tabloid or magazine interviews or making any type of statement to the public media to publicize Profits4Us, its products or Profits4Us’ business, without the express prior written approval of Profits4Us. All media inquiries should be in writing and referred to Profits4Us’ office or legal department.
50. Members may not reproduce for sale or personal use products sold by Profits4Us or any Profits4Us-produced literature, audio or video material, presentations, events or speeches, including conference calls. Video and/or audio-taping of Profits4Us meetings and conferences is strictly prohibited.
51. Cash Rewards / commissions cannot be paid out until earned, after a completed Agreement and registration fee have been received and accepted by Profits4Us and the Receiving Members. No Cash Rewards are paid on the purchase of Sales and Marketing materials.
52. Profits4Us’ offices are open Monday through Friday 9:00 am – 5:00 pm, GMT+1 (or GMT+2 during Northern Hemisphere daylight saving time), with the exception of certain holidays or as posted by Profits4Us.
53. Cash Rewards are paid to Members as defined within the BAP Program or elsewhere in the web site or official Profits4Us literature. Members must consult the BAP Program for a detailed explanation of the Cash Rewards structure and requirements of the Program.
54. Memberships and product purchases may be paid for as stated on the web site payment page (if stated), in Bitcoins (BTC), Rands (ZAR) or Dollars (USD). Membership is not effective until the initial registration fee has been received and accepted by Profits4Us admin.
55.The Member is responsible for paying the costs of any administrative, banking, posting, delivery or maintenance fees or penalties charged by Profits4Us,which fees may change at any time based on increased costs incurred by Profits4Us and past payment history of th e Member. If, when ordering goods an underpayment is made, the order will not be processed until the full amount is received by Profits4Us. If an overpayment is made, Profits4Us will process the order and issue a credit to the Member’s account, which will automatically refund on the next Cash Reward payment made to the Member.
56. All promotional items, which bear Profits4Us’ name or logo, must be purchased solely from Profits4Us unless prior written permission is obtained from Profits4Us.
57. The integrity of Profits4Us’ BAP Program is built upon ethical person-to-person, one-on-one, in-home presentations and online methods of invitation.
58. Fax blasting and unsolicited E-mailing (spamming) is strictly prohibited and will result in immediate termination of the Member.
59. Except as expressly stated herein, Profits4Us makes no warranty or representation as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through Profits4Us.
60. Profits4Us reserves the right to institute a processing charge for Cash Rewards cheques, credit or debit card transactions, withdrawals, declined debit order penalties and/or genealogy requests, should any of these occur in the future.
- Each and every Member agrees to indemnify and hold harmless Profits4Us, its officers, directors, employees, agents and successors in interest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys’ fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Member’s (a) activities as a Member; (b) breach of the terms of the Agreement; and/or (c) violation of or failure to comply with any applicable federal, state or local law or regulation.
62. To the extent permitted by law, Profits4Us shall not be liable for, and each Member releases Profits4Us from, and waives all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by a Member as a result of:
(a) the breach by a Member of the Agreement and/or the terms and conditions of the Policies and Procedures;
(b) the operation of a Member’s business;
(c) any incorrect or wrong data or information provided by a Member; or
(d) the failure to provide any information or data necessary for Profits4Us to operate its business, including, without limitation, the enrolment and acceptance of a Member into the BAP Program or the payment of Cash Rewards.
63. Profits4Us encourages all Members to keep complete and accurate records of all their business dealings for personal and tax purposes.
64. Profits4Us shall not be responsible for delays or failure in performance caused by circumstances beyond a party’s control, such as strikes, labour difficulties, fire, war, government decrees or orders or curtailment of a party’s usual source of supply.
65. It is the obligation of every Member to abide by and maintain the integrity of the Policies and Procedures. If a Member observes another Member committing a violation, he or she should discuss the violation directly with the violating Member. If the Member wishes to report such violation to Profits4Us, he or she must detail violations in writing or email only, and mark the correspondence “Attention: Legal Department”.
66. Profits4Us shall be entitled to modify the Terms and Conditions contained in this Agreement and the Profits4Us web sites at any time as deemed necessary to comply with changes in local, federal or state laws and economic conditions, and shall become a binding part of this Agreement. Profits4Us further reserves the right to amend the Agreement, Policies and Procedures, its retail prices, Cash Rewards, Bonuses, Sales Incentives, product and service availability and the BAP Program at any time without prior notice as it deems appropriate. Amendments will be communicated to Members through official Profits4Us publications, newsletters, blogs, emails, Whatsapp, Skype, Facebook page or the Company’s web site. Amendments are effective and binding upon submission to Profits4Us’ web site. In the event any conflict exists between the original documents or policies and any such amendment, the amendment will control.
67. The Policies and Procedures are incorporated into the Agreement and, along with the Member Plan and other information presented on the Profits4Us web site, constitute the entire agreement of the parties regarding their business relationship.
68. If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the Agreement, including these Policies and Procedures, or any specification, standard or operating procedure which Profits4Us has prescribed is held to be invalid or unenforceable, Profits4Us shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable, and the Member shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
69. Member hereby indemnifies Profits4Us against any claims by third parties or loss suffered by us arising from their membership with Profits4Us.
Profits4Us is committed to ensure the security of transacting online, and is entitled to investigate any loss suffered by Members, which is alleged to have occurred as a result of fraud via the Profits4Us web site. In the event that the fraud occurred due to carelessness on Member’s part we will not be held liable for any loss or damages suffered by Member in any way whatsoever. We are not liable for acts or omissions of third parties, including without limitation, an Internet Service Provider or our Service Providers.
70. TO THE EXTENT PERMITTED BY LAW PROFITS4US AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR, AND MEMBERS HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE, NON-PERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY MEMBER AND PROFITS4US, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LIABILITY. Furthermore, it is agreed that any damages to a Member shall not exceed and is hereby expressly limited to, any Cash Rewards owed to the Member.
71. Any communication, notice or demand of any kind whatsoever which either the Member or Profits4Us may be required or may desire to give or to serve upon the other shall be in writing and delivered by electronic communication whether by telex, telegram, e-mail or telecopy (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested). Any such communication, notice or demand shall be deemed to have been given or served on the date of confirmed dispatch, if by electronic communication, or on the date shown on the return receipt or by other evidence if delivery is by mail.
72. The parties choose as their domicilia citandi et executandi for all purposes under this contract, whether in respect of court process, notices or other documents or communication of whatsoever nature, the addresses stated on the Member Registration Form.
Any party may by notice to the other party change its domicilium citandi et executandi to another physical address and/or telefax number, provided that such change shall become effective only on the seventh day after the receipt of the notice.
Any notice to a party:
a.) sent by prepaid registered post from any Post Office in the Republic of South Africa to the other party to its chosen postal address shall be deemed to have been received by such party on the tenth day after the posting thereof;
b.) delivered by hand to a responsible person during the ordinary business hours at its chosen physical address, shall be deemed to have been received by such party on the day of delivery thereof;
c.) transmitted by fax or email to the chosen telefax number or email address shall be deemed to have been received by the addressee on the day after the transmission thereof.
Notwithstanding anything to the contrary contained herein, a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at the chosen domicilium citandi et executandi.
The Member undertakes and shall be obliged, whether it gives notice under this clause or not, to advise Profits4Us of any change of its particulars contained in the Application Form.
All advertisements placed with Profits4Us for display on the Profits4Us web site or in Profits4Us promotional or other documents are placed by the advertiser concerned. Profits4Us does not endorse the product/s or service/s being offered by the advertiser/s. Any dealing with the advertiser/s is done at the sole risk of the Member.
Profits4Us has taken care to ensure that the content on its web site is accurate and that you will suffer no loss or damage due to your use thereof. This web site is provided “as is” and your use thereof is at your own risk.
We do not warrant that the web site content will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality.
We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. While we take all reasonable precautions to prevent this we do not warrant that the web site is free of viruses or destructive code.
We and our Members, shareholders, agents, consultants or employees are not liable for any damages whatsoever relating to your use of this web site or the information contained therein or your inability to use this web site or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
We will therefore not be held liable for:
- any interruption, malfunction, downtime or other failure of the web site or online services, our system, databases or any of its components, for whatever reason;
- any loss or damage arising from your orders or purchases, based on the information provided on this web site;
- any loss or damage with regard to customer data, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems;
- programming defects or negligence on our part;
- any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
- any event over which we have no direct control;
- misrepresentation on any of our Members’ sites or damage caused by linking you to that site.
Web sites linked from the Profits4Us web site, including the web sites of our Service Providers are beyond our control and we make no representations as to their legal text. We do not accept responsibility or liability for the information provided on such web sites. A link to any third party web sites also does not mean that we warrant, endorse or make any representations about the content, products, services, reliability or the third party’s business or security practices and operations.